“There's always the empty chair, always the missing story, that laugh.” It's been seven long years since Bob Schmill lost his son Matt in an accident at 62nd and Maple in Omaha. Matt's memory lives on at a roadside marker where he was left to die after being run down by a hit-and-run driver.

Bob has fought for tougher DUI penalties and the Nebraska Legislature listened. “We really don't want anyone else to have to go and walk down our path, walk in our shoes as we've done for the last seven years.”

The tougher laws hit several high-profile cases. Those driving under the influence with children under 16 in their vehicle will now face additional charges as will motor vehicle homicides including a provision for pregnant mothers.

Boating under the influence will be treated as DUI charges and refusing sobriety testing becomes a separate charge. There are also interlock systems, where those convicted of DUI can still drive if the alcohol detection system allows them to. DUI convictions will go back 15 years instead of 12 and stricter penalties increase jail time and fines.

"People should be well aware of those greater penalties for those kinds of crimes.” Douglas County Attorney Don Kleine says the new laws close holes in legislation. “We have far too many of these kinds of cases in our system and it puts far too many people at risk in the community.”

Defense attorney Steve Lefler agrees. “I do believe that our society's laws that have toughened DUI has saved lives.”

Schmill says the real power lies in the hands of those with the final word. “Legislation can write as many laws as they want. Law enforcement can go out and enforce those laws, but when it gets back to the judge, if the judge doesn't go to the letter of the law, then it doesn't go.”

Nebraska Gove. Dave Heineman will sign the tougher DUI bills into law Thursday morning, though the enhanced penalties won't take effect until January 1, 2012.